Does a deputy judge have an obligation to employ the minimum amount of force?
Ontario, Canada
The following excerpt is from Puricelli v. Toronto Police Services Board, 2014 ONSC 6861 (CanLII):
Not only did the deputy judge fail to consider the issue of excessive force, as he should have in light of all of the relevant exigent circumstances; his failure to do so, coupled with the extraneous circumstances which he did consider, led him to unreasonably and unrealistically impose an obligation upon the police to employ the minimum amount of force which might reasonably achieve their objective (see Chartier v. Greaves, supra, para. 64).
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